Same-sex marriage update

By now we guess everyone heard that "the federal judge who overturned California's same-sex marriage ban had more bad news for the measure's sponsors: he not only is unwilling to keep gay couples from marrying beyond next Wednesday, but doubts the ban's backers have the right to challenge his ruling."

Back on August 4, Chief U.S District Judge Vaughn Walker in San Francisco's Northern California District Court, declared the state's "Proposition 8” ban on gay marriages unconstitutional, but also granted proponents a temporary stay of execution delaying that ruling from taking immediate effect. ( Aug. 4th. Finding of Facts )

Judge Walker yesterday "rejected the request to delay his decision striking down Proposition 8 from taking effect until high courts can take up an appeal lodged by its supporters. One of the reasons, the judge said, is he's not sure the proponents have the authority to appeal since they would not be affected by or responsible for implementing his ruling," USAToday said.

"Walker did, however, give opponents of same-sex marriage until Aug. 18 at 5 p.m. to get a ruling from the 9th U.S. Circuit Court of Appeals on whether gay marriages should start before the court considers their broader appeal. Their lawyers filed an request asking the 9th Circuit to intervene and block the weddings on an emergency basis late Thursday."

Perhaps causing some confusion, there are two separate cases here at issue. Law.com yesterday pointed out that "Both Gov. Arnold Schwarzenegger and Attorney General Jerry Brown took positions against the stay last week, with Brown declaring in a court filing that 'the harm to the plaintiffs outweighs any harm to the state defendants.' That brought up the question as to whether the proponents of Proposition 8 had standing."

[ In the way of additional notation, both California’s Northern District and 9th. Circuit Court of Appeals special access portals to major documents in their respective cases ]


Judge Walker's Order denying stay
Permanent Injunction